Calvin Barry is a Toronto-based criminal lawyer with over 16 years experience as a senior crown attorney at Calvin Barry Professional Corporation - Criminal Lawyers. Calvin Barry Lawyer Toronto has practiced in the area of Criminal Law and Regulatory Offenses since October of 2004, accruing over 30 years experience in criminal law.

Vakhtang Makhniashvili, seen here with wife Lela, was charged with attempted murder and aggravated assault for allegedly stabbing two people on November 4, 2010.Photo Credit: Aaron Lynett, National

TORONTO- The father of a missing young woman admitted Friday to stabbing three people because he thought they were either involved in his daughter's disappearance or behind an unflattering newspaper article.

Vakhtang Makhniashvili, 51, pleaded guilty earlier this week to three counts of aggravated assault in two separate incidents and the facts about those stabbings were read out in court Friday.

About eight months after the Georgian immigrant's then-17-year-old daughter Mariam vanished in September 2009, Makhniashvili banged on the door of the apartment across the hall, yelling about his neighbour being responsible for Mariam's disappearance.

His neighbour, Sean Ure, who was in the apartment with his four-year-old daughter and other family and friends, opened the door and Makhniashvili forced his way inside.

Makhniashvili drew a six- or seven-inch butcher knife from his belt and stabbed Ure in the abdomen, cutting his liver and the front wall of his stomach.

Makhniashvili continued through the apartment, screaming about his daughter. Ure's friend convinced him to leave, and as he was exiting he dropped a homemade sheath on the floor. He bent down to pick it up and the friend slammed the door on Makhniashvili's hand and pulled the knife away from him.

Makhniashvili's lawyer, Calvin Barry, said his client was under additional stress at that time because female human remains had just been found, though they later turned out not to be Mariam.

"He feels very bad for what has happened," Barry said outside court.

Barry will be asking for a sentence of less than two years so he can serve his time in a provincial facility with better programs for him rather than a penitentiary, "with a lot of more hardened criminals."

"I don't seem him as a lost cause," Barry said.

After Makhniashvili was arrested for the first stabbing he was released on bail a few days later, being sent to live with David and Delores Langer, who agreed to act as his sureties.

But after about one month the Langers asked the court to be relieved of their duties because Makhniashvili wasn't abiding by their rules. Makhniashvili has previously said he was suspicious of the Langers - David Langer is a private detective - as they had not met before the couple offered to post his bail.

Makhniashvili was instead released into the custody of his wife and he was placed under house arrest and was ordered not to have any weapons.

A few months later, in early November, Makhniashvili showed up at the Langers' house and stabbed David Langer in the stomach, cutting his small intestine. Langer also ended up needing 10 stitches on his hand.

Makhniashvili said he thought the Langers were behind an unfavourable newspaper article about his family the week his son disappeared for a night.

Langer struggled with Makhniashvili and fell backwards, fracturing and dislocating his shoulder, which later had to be repaired with surgery and now has two metal pins in it. When Delores Langer tried to intervene Makhniashvili stabbed her right through her forearm.

She threw a loose porch tile at him, he threw the knife at her then left. Makhniashvili drove to a police station and turned himself in, telling the officer at the front desk, "I just stabbed someone."

He will be back in court July 26 for a sentencing hearing. In the meantime the court has ordered a psychiatric assessment, and the defence has also retained experts to evaluate him.

The Makhniashvili family, originally from the Republic of Georgia, had only been in Toronto for three months when their daughter disappeared. The parents lived in Los Angeles for five years before moving to Toronto, while Mariam and her brother lived with their grandparents in Georgia.

At an update one year after Mariam's disappearance, police appeared stymied, saying they were no closer to finding her than they were when she vanished.

They said there was no evidence to suggest that she had been abducted, that she was depressed or suicidal, that she ran away or that she fell victim to an accident.

Thursday, May 12, 2011

The father of a missing Toronto teen pleaded guilty Wednesday to three counts of aggravated assault stemming from two separate stabbing episodes ― one against a former neighbour and another against a married couple who helped free him.

Vakhtang Makhniashvili, whose daughter, Mariam, disappeared outside her Forest Hill Collegiate school in September 2009, admitted he attacked the three victims last year.

The 51-year-old father told Madam Justice Rebecca Rutherford he was claiming responsibility for the attacks involving onetime neighbour Sean Ure on May 7, 2010 and his former sureties, David and Delores Langer on Nov. 4, 2010.

He was remanded in custody until Friday, when prosecutor John Cisorio will present an agreed statement of facts.

Makhniashvili’s soft-spoken wife Lela Tabidze, who watched the brief hearing, said outside court that she is relieved the case was nearing a conclusion.

“It’s not over yet,” she said. “But I feel so much better it’s coming to an end.”

Defence lawyer Calvin Barry said he will be seeking a sentence of two years less a day, plus time spent in pretrial custody, to be served in a provincial reformatory.

Cisorio indicated he will argue for a penitentiary sentence.

A psychiatric assessment of Makhniashvili was ordered under the Mental Health Act.

“It’s been stressful, but his wife has been sticking with him and his son, George has been supportive,” Barry told reporters outside the courthouse.

The first stabbing occurred May 7, 2010, when Makhniashvili lived with his family in a rental highrise on Shallmar Blvd.

Makhniashvili confronted neighbour Sean Ure over noise and then stabbed him in the stomach.

David and Delores Langer ― whom Makhniashvili had never met ― posted $50,000 bail for his release and had him live with them.

Makhniashvili later learned they were private investigators who had taken a special interest in Mariam’s disappearance.

In June, the couple withdrew their bail, which landed Makhniashvili back in custody.

He was then released with his wife as his new surety. She had moved to another unit near Yonge St. and Eglinton Ave. E.

Despite a massive police search, no trace has been found of Mariam.

Her disappearance took an extreme toll on the family and on Nov. 1, her brother, George, didn’t return home from school. His parents spoke with reporters, fearful their son, like their daughter, was abducted.

After a night of wandering the streets, George came home the next morning, but his disappearance prompted speculation.

Two days later, Makhniashvili showed up at the Langer’s residence, near Greenwood and Queen St. and attacked both of them.

Father of missing teen Makhniashvili pleads guilty to aggravated assault

Isabel Teotonio

The father of a missing Toronto teen pleaded guilty Wednesday morning to three counts of aggravated assault in connection with two separate stabbing incidents — one involving a former neighbour and the other a married couple who once bailed him out.

Vakhtang Makhniashvili, whose daughter Mariam vanished outside her school in September 2009 — a disappearance that garnered international attention and launched an unprecedented search by Toronto police for a missing person — quietly uttered “Guilty” when arraigned.

Standing in the prisoner’s box, the 51-year-old, clad in a grey suit, told Justice Rebecca Rutherford he understood the allegations related to the incidents involving Sean Ure on May 7, 2010 and David and Delores Langer on Nov. 4, 2010.

The hearing at the College Park courthouse was put over until Friday, when prosecutor John Cisorio and defence lawyer Calvin Barry are expected to present an agreed statement of facts.

Wife Lela Tabidze, who attended the brief proceedings, later told reporters she is relieved a resolution is near.

“It’s not over yet,” she said. “But I feel so much better it’s coming to an end.”

The defence said it will be requesting a sentence of two years less a day, plus time spent in pre-trial custody, to be served in a provincial reformatory. The Crown indicated it will seek a penitentiary sentence. A psychiatric assessment of Makhniashvili was ordered under the Mental Health Act.

“It’s been stressful, but his wife has been sticking with him and his son has been supportive,” Barry told reporters outside the courthouse. “There’s been a lot of trauma with the missing child and what has happened in his life ... He’s been very stressed.

“There has been some precipitating factors … that do explain some of the aberrant behaviour on the part of (Makhniashvili).”

Following the two incidents, Makhniashvili faced additional charges, including attempted murder, but it is expected that those charges will be stayed or withdrawn.

According to previously published reports, the first stabbing occurred May 7, 2010, when Makhniashvili lived with his family in a rental highrise on Shallmar Blvd. Makhniashvili confronted neighbour Sean Ure about noise levels. An altercation ensued and ended with Makhniashvili stabbing Ure, wounding him in the stomach.

The argument reportedly occurred on a day when human remains were found in a park, which resulted in a flurry of media calls to the family and distressed Makhniashvili. The remains did not belong to Mariam.

At the time, Makhniashvili was charged with aggravated assault, assault with a weapon, forcible entry and four counts of threatening bodily harm.

David and Delores (who also goes by the name Rosita) Langer — a couple Makhniashvili had never met — posted $50,000 bail for his release.

Makhniashvili later learned his sureties, with whom he lived, were private investigators, who had taken a special interest in Mariam’s disappearance.

When he grew suspicious of the couple’s motives he contacted reporters in June and the couple withdrew their bail, which landed Makhniashvili back in jail.

His wife, who had moved to another unit near Yonge St. and Eglinton Ave. E., became his new surety.

Makhniashvili was placed under house arrest and the ensuing months were difficult for the family, including son George, who is now 18.

All the while, the disappearance of Mariam, who vanished at age 17 on Sept. 14, 2009 outside Forest Hill Collegiate, weighed heavily on the family.

Her disappearance jump-started an investigation by Toronto police that was unprecedented, largely because she appeared to have vanished without a trace.

Mariam and her brother had immigrated in June 2009 from the Republic of Georgia to be reunited with their parents, who had left the politically unstable country six years earlier. She spoke little English, had no friends, no boyfriend, and no money. And, according to her parents, had no reason to run away.

In their search, police canvassed about 6,000 homes near the school and family home, searched garbage transfer stations, viewed thousands of hours of security footage taken from buildings in the area and seized computers from two libraries that Mariam frequented. There were also reported sightings of Mariam in Western Canada, but it wasn’t her. To date, there is still no word on what happened to Mariam.

Her disappearance caused tremendous strain on the family and on Nov. 1, brother George failed to return home from school. His parents spoke with reporters, fearful their son was abducted — a fate they suspect befell their daughter.

After a night of wandering the streets, George returned home the next morning, but his disappearance prompted a series of media reports.

Something Makhniashvili read in those ensuing days upset him and on the morning of Nov. 4, he left home and headed for the Langer’s residence, near Greenwood and Queen St. E. He was armed with a knife. After the Langers came to the door, Makhniashvili attacked them, wounding both of them. David Langer was more seriously injured seriously than his wife and spent time in hospital.

Following the attack, Makhniashvili surrendered to police. He has been in custody ever since.

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About Me

In his private practice Mr. Barry has defended high profile fraud cases, drug related matters, assault, theft, manslaughter and murder charges.
Mr. Barry has been particularly successful in defending a large number of drinking and driving charges, such as impaired driving, over 80 mg of alcohol in the blood and failure to blow.
Mr. Barry is currently a member of the Criminal Lawyers Association. He is a past director of the board of the Ontario Crown Attorney’s Association (1990-2000), and , in particular, worked as Treasurer of the Association (1994-95) and as a member of the Association’s Finance Committee (1996-97). He has also served as a member of the Toronto Mayor’s Task Force on Drugs (1995-98); a director of the Board of Directors of Variety Village; and a director of the Osgoode Hall Alumni Association.